criminal trespass

Section 329 BNS (old ss.441 and 447 IPC). The offence is committed by entering property in another's possession with intent to commit an offence or to intimidate, insult or annoy the possessor, or by entering lawfully and then remaining unlawfully with such intent. Without that intention the entry is only a civil trespass.

The property must be in another's possession, so even an owner may commit criminal trespass against a tenant in possession. House-trespass is criminal trespass into a building used as a dwelling, a place of worship or for custody of property. The aggravated forms, lurking house-trespass and house-breaking, are dealt with in ss.330 and 331 BNS.

Example

The landlord who broke into the tenanted shop at night to frighten the tenant into leaving committed criminal trespass, though he owned the shop.

In Indian law

• Sections 329 to 331, Bharatiya Nyaya Sanhita, 2023 (old ss.441 to 462 IPC)

See also

trespass · mens rea · possession

Read more in the study notes

• Public nuisance, mischief and criminal trespass (Bharatiya Nyaya Sanhita)
• Trial of warrant-cases and summons-cases by Magistrates, and summary trials (Bharatiya Nagarik Suraksha Sanhita)
• Compounding of offences and plea bargaining (Bharatiya Nagarik Suraksha Sanhita)
• The Probation of Offenders Act, 1958 (Bharatiya Nagarik Suraksha Sanhita)
• The right of private defence (Bharatiya Nyaya Sanhita)
• Offences against public tranquillity (Bharatiya Nyaya Sanhita)